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HomeMy WebLinkAboutReso 1982-10959 RESOLUTION NO. 10959 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SWEETWATER UNION HIGH SCHOOL DISTRICT FOR IMPROVEMENT OF TELEGRAPH CANYON ROAD " AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and SWEETWATER UNION HIGH SCHOOL DISTRICT, for improvement of Telegraph Canyon Road dated the 27th day of July , 19 82, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula vista. Presented by l- I Lippitt, City Engineer Approved as to ~ -~~ ' George D. Lindberg, City Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 27th day of July 19 82 . by the following vote, to-wit: AYES: Councilmen Scott, Cox, Malcolm, Moore, McCandliss NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 10959 ,and that the same has not been amended or repealed. DATED ( seal) City Clerk CC-660 AGREEMENT FOR THE IMPROVEMENT OF TELEGRAPH CANYON ROAD, CHULA VISTA THIS AGREEMENT executed this 27th day of July , 1982, by and between the City of Chula Vista, a municipal corporation, hereinafter called the City, and the Sweetwater Union High School District, a political subdivision of the State of California, hereinafter called the School District: WIT N E SSE T H: WHEREAS, the City and School District desire to enter into a joint cooperat i ve agreement to construct aport i on of Telegraph Canyon Road from Hilltop Drive easterly, a total distance of approximately 1260 feet; and WHEREAS, the City and School District desire to proceed with construction of said improvement and to share in the cost of such construction, NOW, THEREFORE, in cons i derat i on of the rec i ta 1 s the ob 1 i gat i on of the parties as herein expressed, the City and School District agree as follows: 1. The City and the School District shall cause to be constructed that portion of the northerly half of Telegraph Canyon Road from Hilltop Drive easterly a total distance of approximately 1260 feet. The portion to be constructed is the area agreed to be within the jurisdiction of the City and is more particularly described and depicted on Exhibit A hereto attached and hereby made a part of this agreement. 2. CITY AGREES a. To design and prepare plans and specifications for the project. Improvements to include but not be limited to: 221 strip of asphalt concrete pavement on base; curb, gutter, and 51 wide sidewalk; one street light; necessary grading and excavation and landscaping on those slope banks constructed. b. To provide all inspection and contract management services. c. To perform all materials engineering necessary to determine a suitable structural section and provide control testing during the construction for the project. d. To pay City I s share of the actual cost of constructing the total improvements. Such share shall be determined by the amount of the approved lowest responsible bid for this improvement project plus costs incurred by City as specified in Sections 2-f and 3-c of this agreement less an amount not to exceed $50,000, which represents the School District's agreed upon commitment for this project as specified in Section 3-a. In the event the actual total cost of IC -I tJ /Jj? construction specified above when divided equally would result in a lesser amount than the District's commitment, the District will only pay an amount equal to one-half of the actual cost of construction. e. To provide for the relocation of public utilities. f. That all costs incurred by the City for construct i on engi neeri ng expenses, materials engineering, control testing, and inspection sha 11 be i nc 1 uded as a part of thi s project for the purpose of determining the actual cost of construction and determining the amount of total cost to be shared by City and School Di stri ct as specified in Sections 2-d and 3-a of this agreement. g. Upon completion of the installation of improvements, to accept the facilities and to assume full responsibility for the operation and maintenance hereof except for the landscaping and irrigation system. h. To relieve the School District of all responsibility under various improvement acts for the future improvement of Telegraph Canyon Road adjacent to Hilltop Junior High School property. i. To consider payment from the School District in 5 yearly increments. The interest rate shall be at 8 percent per annum. If progress payments are made with the final payment made within 30 days of invoice, no interest will be charged. 3. SCHOOL DISTRICT AGREES a. To pay up to one-half of the actual cost of constructing the total improvements as specified in Section 2-a of this agreement except that District1s share of the actual cost shall not exceed $50,000 as specified in Section 2-d here and above. b. To dedicate all necessary additional right-of-way on Telegraph Canyon Road and Hilltop Drive. If right-of-way is necessary, City will prepare legal descriptions. c. That all costs incurred by the City for contruction engineering expenses, materials engineering, control testing, and inspection shall be shared equally by City and School District. d. That after bids for improvement have been awarded and opened by the City, and prior to the award of any contract for said improvement by the City, the City shall notify the School District of the lowest responsible bid. If the School District wishes to reject, for cause, award of the contract in accordance with the lowest responsible bidder, the City will reject all bids and call for new bids based either on the existing contract documents, or on revised plans and specifi cat ions. !?-/fJf61 e. Except that District may elect to pay its share of the construction costs in five yearly increments as provided in Section 2-i of this agreement, after approval by the School District of the responsible low bidder prior to the award of the contract, the School District shall deposit with the City for the improvements the School Di stri ct' s share of 25 percent of the total construct i on costs of said improvement. Progress payments shall be paid by the School District within 15 days after receipt. f. After acceptance of the work by the City, School District agrees to take over responsibility for landscaping maintenance of the property owned by the District. This level of maintenance will be at the District's discretion. 4. That obligations of City under terms of this agreement are subject to the approval and award of a construction contract by City for the construction of the herinbefore described public improvements. 5. All change orders affecting School District's obligation hereunder shall be approved by the School District's Business Manager. 6. That neither City nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by School District under or in connection with any work, authority or jurisdiction not related to School District shall fully indemnify and hold City harmless from any liability imposed for injury (as defined by Government Code Section 895.4, School District shall fully indemnify and hold City harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occuring by reason of anything done or omitted to be done by School District or in connection with any work, authority or jurisdiction delegated to School District under this agreement. 7. That neither School District nor any officer or employee thereof, is respons i b 1 e for any damage or 1 i abil ity occuri ng by reason of anythi ng done or omitted to be done by City under or in connect i on with any work, authority or jurisdiction not delegated to School District under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, City shall fully indemnify and hold School District harmless from any liability imposed for injury (as defined in Government Code 810.8) occurring by reasons of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction not delegated to School District under this agreement. 8. All plans and specifications for the portion of the aforementioned improvements to be constructed by the School District and the City will be approved by the City Engineer on behalf of the City and the School District's Business Manager on behalf of the School District. 1!-/tJf67 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by thei r respective offi cers, du 1y authori zed, the provi s ions of which agreement are effective as of the day, month and year first hereinabove written. APPROVAL RECOMMENDED: CITY OF CHULA VISTA BY: SWEETWATER UN~IGH SCHOOL BY:~ ~ J. W. Tucker, Business DISTRICT Manager DATE: July 12, 1982 This agreement was approved by official action of the board of trustees on April 23, 1981. 1f'-ltJ'l57